EN    EN EN  
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels,  
C(2009) XXX final  
Draft 
COMMISSION DECISION 
of […] 
concerning the non-inclusion of diazinon in Anne x I, IA or IB to Directive 98/8/EC of the 
European Parliament and of the Council concern ing the placing of biocidal products on 
the market  
EN 2   EN Draft 
COMMISSION DECISION 
of  
concerning the non-inclusion of diazinon in Anne x I, IA or IB to Directive 98/8/EC of the 
European Parliament and of the Council concern ing the placing of biocidal products on 
the market 
(Text with EEA relevance) 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esta blishing the European Community, 
Having regard to Directive 98/8/EC of the European Parliament and of the Council of 
16 February 1998 concerning the placing of biocidal products on the market1, and in 
particular the second subparagraph of Article 16(2) thereof, 
Whereas: (1) Commission Regulation (EC)  No 1451/2007 of 4 December 2007 on the second phase 
of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of 
the European Parliament and of the Counc il concerning the pl acing of biocidal 
products on the market
2 establishes a list of active substances to be assessed, with a 
view to their possible inclusion in Anne x I, IA or IB to Directive 98/8/EC. 
(2) Diazinon is included in that list for use in product-type 18, insectic ides, acaricides and 
products to control other ar thropods, as defined in Anne x V to Directive 98/8/EC.  
(3) The deadline for the submission of a complete dossier for active substances for use in 
product-type 18 was 30 April 2006. No complete  dossier was however  received within 
this time period. 
(4) The Commission informed the Member States accordingly. On 14 June 2006, the 
Commission also made that inform ation public by electronic means. 
(5) Within the period of three months from that publication, a co mpany indicated an 
interest in taking ove r the role of partic ipant for diazinon for use in product-type 18. 
(6) Commission Decision 2007/794/ EC of 29 November 20073 fixed the new deadline for 
the submission of a dossier to 30 April 2008. 
                                                 
1 OJ L 123, 24.4.1998, p. 1.  
2 OJ L 325, 11.12.2007, p. 3.  
3 OJ L 320, 6.12.2007, p. 35.   
EN 3   EN (7) Within this new deadline, before submitting its dossier, the applicant consulted 
Portugal, the Rapporteur Member State de signated for the evaluation of diazinon, to 
enquire whether its reference product, a flea co llar, was to be considered as a biocidal 
product or a veterinary medicinal product. 
(8) Portugal, after consultati on with the Commission and th e other Member States, 
advised the applicant that most Member States  would not consider a flea collar such as 
the one placed on the market by the applic ant as a biocidal but as a veterinary 
medicinal product, as defined in Ar ticle 1(2) of Di rective 2001/82/EC.  
(9) In view of this advice the applicant did not submit a dossier for the inclusion of 
diazinon in Annex I, IA or IB to Directiv e 98/8/EC for product-type 18. Pursuant to 
Article 12(4) of Regulation (EC) No 1451/2007, the role of participant for diazinon for 
product-type 18 may no longer be taken over. 
(10) Since the applicant did not submit a dossi er within the prescr ibed period, diazinon 
should not be included for product-type  18 in Annexes I, IA or IB to 
Directive 98/8/EC. 
(11) It is necessary to establish a longer period for the phasing-out of fl ea collars placed on 
the market of certain Member States as  biocidal products to allow for their 
authorisation as veterinary medi cinal products in accordance with 
Directive 2001/82/EC. 
(12) The measures provided for in this Decision are in accordance with the opinion of the 
Standing Committee on Biocidal Products. 
HAS ADOPTED THIS DECISION: 
Article 1 
Diazinon (CAS number 333-41-5, EC  number 206-373-8) shall not be included in Annexes I, 
IA or IB to Directive 98 /8/EC for product type 18.  
Article 2 
Flea collars placed on the market  as biocidal products and c ontaining diazinon for use in 
product type 18 shall no longer be placed on th e market with effect from 1 March 2013. 
Other biocidal products contai ning diazinon for use in product type 18 shall no longer be 
placed on the market with effect from 1 March 2011. 
Article 3 
This Decision is addressed to the Member States.  
EN 4   EN Done at Brussels, […] 
 For the Commission 
 Stavros Dimas  Member of the Commission